Navnath Babasaheb Kadam And Others v. The State Of Maharashtra Thr Secretary And Others

1 wp 7716.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 WRIT PETITION NO.7716 OF 2021 NAVNATH BABASAHEB KADAM AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners: Mr. Shekade Shashikant E AGP for Respondents No. 1&2: Mrs. M. A. Deshpande Advocate for Respondents No. 3 to 5:

Mr. S. S. Deve ...

CORAM:S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE: 16th JULY, 2021 PER COURT:

1.

We have heard the learned Counsel for the petitioners.

2.

We are not inclined to entertain the writ petition even for a moment. The learned Counsel accepts that the petitioners have filed separate writ petition challenging order dated 21.05.2021 passed by the Competent Authority-cum-Deputy Collector, Land Acquisition. Now, the petitioners in the present writ petition seeks to assail a letter dated 03.03.2020 (Page No. 127).

2 wp 7716.2021 3.

The said letter is a mere communication. When a petition challenging the substantive order dated 21.05.2021 passed by the Competent Authority is pending in this Court it was inappropriate on the part of the petitioners to file a separate writ petition challenging the communication dated 03.03.2020 which was much prior to the order dated 21.05.2021 passed by the Competent Authority. The petitioners could have raised all the contentions in the said writ petition which according to the petitioners is filed against the order dated 21.05.2021.

4.

As writ petition is already filed by the petitioners challenging the order dated 21.05.2021, we are not inclined to entertain the present writ petition.

5.

Writ Petition, as such, is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe